Peru announces a new law to regulate remote workers in the country. According to the government, businesses can adopt remote-work arrangements supplying the cost of the Internet and technological equipment of their employees working from home.
The Peruvian government enforced the National State of Emergency until March 7 and the State of Health Emergency until January 31. Following the Urgent Decree No 026-2020, employers were allowed to “a subordinate working scheme by which the worker is physically outside the workplace – not necessarily safe at home – but using equipment’s and employer’s tools to work outside the workplace.”
Peru Regulates Remote Work Agreements
Already during the pandemic, the government set out key points to legally regulate remote workers. Unlike telecommuting, remote work doesn’t require prior consent from the employees. However, there a few limitations for employers:
- Mutual decision: Employees and employers must agree on a remote work model.
- Working conditions: working conditions, like pay and working hours, remain unchanged except for the physical presence at the workplace.
- Tools & equipment: Employers must provide work tools and equipment for employees.
- Health & Safety: Employers must share guidelines, including health and safety recommendations and requirements, to achieve the best home-work balance.
- Working hours: The maximum hourly limitations applicable should not exceed 8 hours per day or 48 hours per week. By Urgent Decree No. 127-2020, employees have the right to disconnect from remote work when exceeding the maximum working hours.
- Writing form: A written agreement between employers and employees is required to determine terms and conditions. The form must include tools and equipment for the job; safety and security measures; working schedule; supervision or reporting mechanism.
The new law for remote workers forces employers to bear the costs of the Internet and tools. However, it doesn’t specify who should take care of electricity costs. In addition, employees can request an extension of remote work models, but it’s not mandatory for employers.
Finally, the government highlighted once again that employers could not extend working hours to remote workers. Following the last year of the pandemic, companies are adjusting to remote work models with a long-run perspective. Meanwhile, the Peru government is starting to regulate remote workers’ conditions.
